LA City Council Approves Condom Ordinance in 9-1 Vote

The LA City Council voted this morning, in open session, to approve a mandatory condom ordinance that would require adult productions to comply with condom usage on any adult set requiring a film permit in the Los Angeles City limits. The ordinance was approved 9-1.

The action was considered procedural after last week the city council green-lighted formation of a committee to decide on enforcement procedures for the ordinance. Reportedly, this committee will be made up of personnel from the City Attorney’s office, LAPD and personnel department, as well as state regulatory officials.

“The Council’s decision is yet another example of government overreach and intrusion. The regulations imposed are without any input from the stakeholders most impacted—adult performers and producers,” Free Speech Coalition Executive Director Diane Duke said. “Mandatory condom regulation will not increase performer safety, it will diminish the successful standards and protocols already in place and compromise performer health. Government regulation of sexual behavior between consenting adults is, and has always been, a bad idea. The government has no business in our bedrooms—real or fantasy.”

The only member of the City Council to vote against the ordinance was Councilman Mitchell Englander, who represents the San Fernando Valley. Clearly, Englander realizes the negative financial impact on the area that may potentially result from today’s unnecessary move toward governmental regulation – especially at a time when the state recently introduced broad funding cuts to many services, and when state regulatory agency Cal/OSHA is reportedly under-staffed and under-funded.

Two other city council members, Bill Rosendahl and Paul Koretz, spearheaded the condom ordinance, in what they termed as an effort to save taxpayer money.

In December, AIDS Healthcare Foundation’s (AHF) condom ballot petition produced the required number of signatures to make mandatory condoms an issue for Los Angeles voters in June’s citywide elections. In order to save the expense of bringing the issue to the ballot, as well as any litigation that would follow, the City Council moved to enact the ordinance.

Both Rosendahl and Koretz have accepted donations from AHF President Michael Weinstein.

The Los Angeles City Attorney had filed a complaint in December against AHF’s ballot initiative, citing earlier court decisions ruling that Cal/OSHA could not pass regulatory enforcement responsibilities on to local agencies, including the Film LA permitting agency. The City Attorney speculated at that time, if passed, the ballot initiative also would be challenged on constitutional grounds.

AHF and its President Michael Weinstein have waged a relentless campaign against the adult industry since 2009 under the guise of “protecting” performers and the public health. AHF’s efforts were a major factor in the closure of the Adult Industry Medical Healthcare (AIM) clinic, which upheld successful performer testing protocols since the industry moved to self-regulate in 1998. The organization also has filed numerous complaints against adult businesses including Hustler, Vivid and industry talent agencies.

Weinstein’s grandstanding on the condom issue is groundless – using provocative language like “epidemic” and quoting statistics that have proven to be inaccurate – Weinstein has politicized the issue of mandatory condom use while alienating the industry he claims to protect. He also has suggested that the City Council add an $85 fee to film permits for adult productions, in order to fund enforcement.

Currently, Film LA reports that only five percent of total film permits are used for adult productions.

Strangely enough, the City Council actions coincide with major adult industry trade shows scheduled for the month of January. The announcement of last week’s vote to approve the motion to form an enforcement committee came during the XBIZ LA Show, held in West Hollywood. AHF protested at the XBIZ Awards ceremony on January 10, where Hustler founder Larry Flynt and FSC’s Diane Duke were honored, among many other industry leaders and performers.

This morning’s city council vote was taken while many industry members are in Las Vegas for the Adult Entertainment Expo.

FSC Announces New Members to Board of Directors

CANOGA PARK, Calif. — Free Speech Coalition (FSC) is proud to announce new members to its Board of Directors. The Board election was open to all active FSC members and held during the month of December. 

Incumbent board members that were re-elected include Evil Angel General Manager Christian Mann and El Dorado Trading Co. founder Larry Garland. 

Adam and Eve General Manager Bob Christian is newly elected to the FSC Board. Adult entertainment performer and director Kara Price also was elected.

“Bob brings a strong business component to the Board, while Kara will bring a performer perspective,” said FSC Executive Director Diane Duke. “Those skills coupled with their leadership ability will be a valuable addition to FSC's Board.” 

Members of the board in good standing include Peter Acworth, Jeffrey Douglas, Mara Epstein, Sid Grief, Alec Helmy, Joel Kaminsky, Mark Kernes, Reed Lee and Lynn Swanson, bringing the total number of seats to 13. Those elected serve two-year terms.

Pink Visual CEO Allison Vivas to Receive FSC Leadership Award

CANOGA PARK, Calif. – Free Speech Coalition is proud to announce that Pink Visual CEO Allison Vivas is the recipient of the 2012 FSC Leadership Award. The award will be presented during The XBIZ Awards Show.

FSC’s Leadership Award is presented to the adult entertainment industry business or individual who demonstrates excellence in leading by example. This award can be given for community service, activism, creating a positive and outstanding work environment, innovations and other qualities that lift the business or individual above the rest.

“Allison has great instinct, a brilliant mind and a boatload of courage,” FSC Executive Director Diane Duke said. “She combines those qualities to provide leadership not only for Pink Visual, but also for our industry as a whole.”

In March, Vivas accompanied FSC and a group of industry leaders to San Francisco to protest the approval of .XXX at the ICANN Board of Directors meeting. She spoke to the media on behalf of the adult industry’s opposition to the sTLD, and to the ICANN Board of Directors. Vivas and Pink Visual also issued a letter to ICM Registry, founder of the .XXX domain, to demand protection of the company’s brands, standing united with the biggest adult brands.

In 2011, Vivas and Pink Visual made it company policy to protect the health and safety of its performers by funding monthly testing.

Pink Visual has aggressively prosecuted copyright infringement, as well as sponsoring B2B seminars for industry leaders to learn more about strategies for dealing with content piracy and litigation. Vivas has strongly supported FSC’s Anti-Piracy Action Program (FSCAPAP.com).

Vivas exemplifies the industry executive – professional; proud to be part of the adult industry; fighting to protect the rights of adult business owners; and pushing to keep in the lead with new technologies for the consumer.

The XBIZ Awards will be held on Jan 10, at the Barker Hanger in Santa Monica, CA.

City of Los Angeles Files Complaint Against AHF on Validity of Condom Ballot Measure

CANOGA PARK, Calif. – A lawsuit was filed yesterday by the City of Los Angeles challenging the constitutionality of AIDS Healthcare Foundation’s (AHF) ballot initiative. The initiative, if passed, would force local officials to enforce mandatory condom regulations on adult production sets. Named as defendants in the suit are various AHF personnel, including AHF President Michael Weinstein.

“Clearly AHF has chosen to squander its donors resources by filing frivolous lawsuits and ballot initiatives instead of providing valuable resources toward the prevention and treatment of HIV,” FSC Executive Director Diane Duke said. “It is heartening to know that the City of Los Angeles will draw the line on AHF's political grandstanding when it comes to wasting taxpayer dollars.

“History has shown us that regulating sexual behavior between consenting adults does not work. The best way to prevent the transmission of HIV and other STIs is by providing quality information and sexual health service, all of which are successfully provided through adult industry protocols and best practices,” Duke added.

The city’s complaint argues that the ballot proposal is preempted by state regulations that require barrier protection on adult sets and that enforcement of those regulations falls under state jurisdiction. There have been two previous rulings in complaints filed by AHF, where the judge decided that L.A. County officials are not compelled to enforce regulations on behalf of state health & safety agency Cal/OSHA.

The city also states that the process involved in bringing the ballot measure to the voters would be a “waste” of taxpayer money. The City of Los Angeles also said in the complaint that the ballot initiative is potentially unconstitutional; if passed by voters in June, the city raised concerns of more money being spent if the initiative was overturned on constitutional grounds.

“The City of Los Angeles has acted responsibly to protect the taxpayers from enacting an unenforceable measure preempted by State Law. The adult industry has been extraordinarily successful in preventing HIV infections through its testing protocols and self-regulation,” Free Speech Coalition (FSC) Board Chair Jeffrey Douglas said.

FSC has worked with industry stakeholders, compliance experts and legal advisers to develop the FSC Bloodbourne Pathogen Plan, and other policies for industry appropriate regulations.

In April, when Adult Industry Medical Healthcare (AIM) clinic was closed, largely due to legal attacks by AHF, FSC stepped up to provide Adult Production Healthcare & Safety Services (APHSS.org) as a resource for performer testing and production protocols.

“Thankfully, the Los Angeles City Attorney’s office is acting in an abundance of caution and not simply marching to the tune called by Michael Weinstein,” attorney and APHSS.org legal adviser Karen Tynan commented.

“The industry is working with the state toward adopting industry specific and industry appropriate safety standards, and these efforts by AHF and Michael Weinstein are an attempt to interfere in that process,” Tynan said. “The Los Angeles City Attorney is correct that the ballot initiative would be a complete waste of taxpayer money.”